Sanctions
and Asset-Freezing (Amendment of Law and Order No. 2) (Jersey) Order 2023
Made 11th September 2023
Coming into
force 18th September 2023
Part 1
Sanctions and Asset-Freezing (Jersey) Law 2019 amended
1 Article 2A (meaning of “owned”, “held”, “controlled”,
“directly” and “indirectly”) of the Sanctions and Asset-Freezing (Jersey) Law 2019 amended
In Article 2A of the Sanctions and
Asset-Freezing (Jersey) Law 2019 –
(a) in paragraph (4),
for “if any or all” there is substituted “if one or both”;
(b) paragraph (5) is
deleted;
(c) in paragraph (6),
for “second condition” there is substituted “first condition”;
(d) in paragraph (7),
for “third condition” there is substituted “second condition”.
Part 2
Sanctions and Asset-Freezing (Implementation of External Sanctions)
(Jersey) Order 2021 amended
2 Sanctions and Asset-Freezing (Implementation of External Sanctions)
(Jersey) Order 2021 amended
This Part amends the Sanctions and
Asset-Freezing (Implementation of External Sanctions) (Jersey) Order 2021.
3 Article 4 (offences of
contravention of certain implemented provisions other than asset-freezes)
amended
In
Article 4(2)(c)(i), for “given effect by paragraph 4(2) of Schedule 3”
there is substituted “given effect by paragraph A1(2) or 4(2) of Schedule 3”.
4 Article 5 (licences in relation to
implemented provisions other than asset-freezes) amended
In Article 5(5)(a), for
“given effect by paragraph 4(2) of Schedule 3” there is substituted
“given effect by paragraph A1(2) or 4(2) of Schedule 3”.
5 Schedule 1 (UK sanctions instruments
implemented) amended
In the table in Schedule 1,
in column 5 of the row labelled “Belarus”, for “paragraph A1(a)” there is
substituted “paragraph A1(1)(a)”.
6 Schedule 3 (special provisions)
amended
(1) This
Article amends Schedule 3.
(2) In
the heading to paragraph A1 (Republic of Belarus (Sanctions) (EU Exit)
Regulations 2019: shipping and aircraft) for “shipping and aircraft” there
is substituted “shipping and aircraft, and general licences”.
(3) In
paragraph A1 –
(a) the existing text is
renumbered as sub-paragraph (1);
(b) after sub-paragraph (1)
as renumbered, there is inserted –
“(2) A general licence granted in the UK under
the UK Belarus Regulations (a “UK Belarus general licence”) has effect in
Jersey in the same manner as a general licence granted by the Minister under Article 5
of this Order or Article 16 of the Law.
(3) If a UK Belarus general licence that has
effect under sub-paragraph (2) is subject in the UK to a condition imposed
under the UK Belarus Regulations, that condition has effect in Jersey in the
same manner as a condition imposed by the Minister on a general licence under
Article 5(2) of this Order and Article 16(3)(c) of the Law.
(4) Sub-paragraphs (2) and (3) apply –
(a) subject
to any modification necessary for the licence or condition to have effect in
Jersey;
(b) despite
Article 3(3A), Article 5(2) and paragraph 1(1) of Schedule 2;
and
(c) except
to the extent that the Minister –
(i) grants a general licence under Article 5
of this Order or Article 16 of the Law in which a provision of the UK
Belarus general licence is expressly modified or disapplied, or
(ii) publicises a notice that
disapplies the UK Belarus general licence, by taking steps equivalent to those
required by Article 16(5)(b) of the Law for revocation of a general
licence granted by the Minister.”.
(4) In
the heading to paragraph 4 (Russia (Sanctions) (EU Exit) Regulations 2019:
shipping and aircraft, and general licences not relating to asset-freezes) “not
relating to asset-freezes” is deleted.
(5) In
paragraph 4 –
(a) for sub-paragraph (2)
there is substituted –
(b) in
sub-paragraph (3) for “UK general licence, that has effect under
paragraph (2),” there is substituted “UK Russia general licence that has
effect under sub-paragraph (2)”;
(c) in sub-paragraph (4) –
(i) clause (b) is deleted,
(ii) for clause (d)(i)
there is substituted –
“(i) grants a general licence under Article 5
of this Order or Article 16 of the Law in which a provision of the UK
Russia general licence is expressly modified or disapplied, or”,
(iii) in clause (d)(ii)
for “UK general licence” there is substituted “UK Russia general licence”.
Part 3
Final
Provisions
7 Citation and commencement
This Order may be cited as the Sanctions and Asset-Freezing
(Amendment of Law and Order No. 2) (Jersey) Order
2023 and comes into force 7 days after it is made.
Deputy I.J. Gorst of St. Mary, St. Ouen and St. Peter
for and on behalf of
Minister for External
Relations